Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

What should be my next steps

(Querist) 17 February 2012 This query is : Resolved 
Kindly let me know if the settlement of the mediation cell is a valid documents.
Marriage happend in Jan'2008
Came to know wife suffering of BPD in march'2008 due to taking medicine.
Tried to ask her but no answer ,also taken up the matter with myinlaws but no response from them.
My father fill ill in april'2008 as he was suffering from parkinson. He passed away in aug'2008 in Lucknow.
I came to delhi on 22nd Aug'2008 .Leaving my wife in Lucknow as my mother was alone and she had to return on 30th Aug'2008 .But she had an attack of BPD in 25th Aug'2008 and on 26th her father came and took her to aligarh to get her diagnosed where her medical treatment was going on .We had also got the checkup done by Dr.S.Singhal whose prescripttion was taken up by her father.
We tried asking them the details twice in Jan'2009 and Jan'2010 but not getting any answer we send the legal notice thru our advocate in feb'2010 in retaliation they filed 498a,406 and 125 crpc in Aligarh .All were complaint case .I filed divorce after this in New Delhi
Case were transfred to mediation cell at aligarh district Court .After several round of mediation we aggred for the same in Aug'2010 thru payment of money.Terms were of withdrawing of all the three cases and mutual divorce.But till date they haven't given the divorce.
I had then filed the divorce on 31st Oct'2011 in aligarh court on grounds of cruelty. In reply to my petition the Ws given is that we had to pay clothes and jewelery .But there was no such aggrement. between us.
Kindly advice what should be my next steps .Are there no laws to deal with such types of greedy people.
Note: Settlement letter was made and signed by lawyers from both the sides including the mediators and both the parties. Mediation took place at Aligarh Mediation cell of Aligarh District Court
rgds
ajay sethi (Expert) 17 February 2012
you can draw attention of the court to terms agreed between parties and duly signed by lawyers wherein no demand for jwellery /clothes were made .
Kiran Kumar (Expert) 17 February 2012
settlement made in mediation centers is executable...even SC says so.

you have good ground to contest your case, bring the entire facts and circumstances to the knowledge of the court...even the court will not be able to go beyond the compromise held at mediation center unless you are found guilty.
amol sharma (Querist) 19 February 2012
Is there any other cases could be filed inrespect of the settlement made at the mediation centre in Aug'2010 .They are not ready for mutual divorce and added another demand .Cannot be breach of aggrement or sec 420 be filed.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :